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Filing the Second Disability Appeal - What makes it different from the First?



 
Applicants for Social Security Disability and SSI who get denied on a request for reconsideration (the first appeal in the disability process) sometimes shrug and wonder "why should I bother filing another appeal?"

Of course, the question that they're really asking may be rephrased as such: What makes the second disability appeal different from the first appeal?

The second disability appeal is the hearing before an administrative law judge. And it is very different in a number of ways from the request for reconsideration, both in nature and in terms of statistical outcome. Here's a short list of the various differences between the two types of appeals.

1. Reconsiderations are adjudicated (decided) by the same state agency that renders determinations on applications for disability. In most states, this agency is referred to as DDS, or disability determination services. In fact, the only real difference between the handling of the reconsideration appeal and the application that precedes it is the fact that each stage is decided by a different disability examiner. Aside from that, the process does not change at the reconsideration level. And it certainly does not favor claimants. Nationwide, on average, about 85 percent of all reconsiderations are denied. The only bright spot to this is that they tend to be denied faster than initial claims, thus allowing claimants to move on to the next step, the hearing.



2. Reconsiderations, as with initial claims (applications), do not involve face-to-face contact between the decision maker and the claimant. By contrast, at the disability hearing level, the process changes entirely as typically the administrative law judge (the adjudicator at this level), the claimant's representative (a disability attorney or a non-attorney representative), and the claimant all meet together at a federal hearing office.

3. At the reconsideration level, the opinion of a claimant's treating physician may not carry as much weight as it does at the disability hearing level. This may sound strange, considering the fact that the Social Security Disability and SSI system is purported to be a uniform and standardized system. But individuals who represent claimants are well aware of the fact that a statement provided by a treating physician may effectively win a claimant's case at the hearing level. Yet that same statement presented to a reconsideration level examiner may hardly find acknowledgement.

What makes the second disability appeal different from the first appeal? Primarily, the differences can be boiled down to these two factors.

1. The claimant gets to meet the judge at his or her hearing, while during the course of a reconsideration the opportunity to meet the adjudicator will not be made available.

2. The claimant may, along with his chosen representative, play an interactive role in the disability decision process. This will typically involve responding to questions posed by both the disability judge and the disability lawyer, but may also include being an active participant in the preparation of a case prior to a hearing. Examples of this include rendering assistance to one's attorney with regard to the gathering of medical evidence and successfully obtaining a statement of support from one's treating physician (generally, this support is referred to as a medical source statement or an RFC a.k.a. a residual functional capacity statement).

However, these two factors coalesce into one very important factor. At a Social Security Disability hearing, the claimant becomes an individual who can be seen and heard, whereas on a reconsideration, the claimant (who never meets the disability examiner) is generally relegated to simply being a file on a state employee's desk.








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These pages provide answers to basic questions about pursuing disability benefits

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For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.